|
THE VIETNAM
SECURITIES DEPOSITORY
--------
|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 38/QĐ-VSD
|
Hanoi, April
25th 2012
|
DECISION
ON SECURITIES DEPOSITORY
DIRECTOR OF THE VIETNAM SECURITIES DEPOSITORY
Pursuant to the Law on Securities dated June
29th 2006 and the Law on the amendments to the Law on Securities
dated November 24th 2010;
Pursuant to the Prime Minister’s Decision No.
171/2008/QĐ-TTg dated December 18th 2008 on the establishment of the
Vietnam Securities Depository;
Pursuant to the Decision No. 1393/QĐ-BTC
dated June 04th 2009 of the Minister of Finance to issue the Charter
of the Vietnam Securities Depository;
Pursuant to the Decision No. 87/2007/QĐ-BTC
dated October 22nd 2007 of the Minister of Finance to issue the
Regulation on the registration, depositary, clearing, and settlement of
securities, and the Circular No. 43/2010/TT-BTC dated March 25th
2010 amending the Regulation on the registration, depositary, clearing, and
settlement of securities;
Pursuant to the Official Dispatch No.
1181/UBCK-PTTT dated April 17th 2012 of the State Securities
Commission on the approval for the revised Regulation of the Vietnam Securities
Depository;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
DECIDES:
Article 1. To issue together with this Decision the “Regulation on
securities depository”.
Article 2. This Decision takes effect on June 01st 2012, and
supersedes the Decision No. 26/QĐ-VSD dated April 22nd 2010 of the
Director of the Vietnam Securities Depository to issue the Regulation on
securities depository.
Article 3. Branch managers in Ho Chi Minh city, Managers of
Administration Department, Securities Depository and Member Management
Department, and other Departments of the Vietnam Securities Depository,
relevant organizations and individuals are responsible for the implementation
of this Decision./.
DIRECTOR
Phuong Hoang Lan Huong
REGULATION
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation
This Regulation specifies the securities depository
at the Vietnam Securities Depository (VSD), including:
- Opening and managing depository accounts;
- Depositing securities;
- Withdrawing securities;
- Transferring securities without transaction;
- Mortgaging securities and redeeming mortgaged
securities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Members include depository members and
independent account holders.
Digital signature is a form of electronic
signature that is designed in accordance with the Government's Decree No.
26/2007/NĐ-CP dated February 15th 2007 elaborating the
implementation of the Law on Electronic transaction applicable to digital
signatures and authentication of digital signatures used by competent persons
of VSD or members of VSD to authenticate the information being sent.
Electronic documents are information about
activities at VSD that is created, sent, received, and stored by electronic
devices, and authenticated by digital signatures of competent persons of VSD or
members.
Article 3. The days on
which securities depository, withdrawal, and transfer re rejected
1. VSD shall reject the securities depositing,
withdrawal, and transfer on the days on which securities are merged, split,
moved from one Stock Exchange to another, converted from bonds into shares, or
swapped in a merger as notified by VSD.
2. Where VSD fails to comply with customers’
request due to technical reasons, VSD shall notify members within 01 working
day of the reason and period during which securities depositing, withdrawal,
transfer, mortgage, and mortgage redemption is rejected.
Article 4. General
regulations on applications for securities depository
1. Applications for securities depository
dossiers (for depositing, withdrawing, transferring, mortgaging securities, and
releasing mortgaged securities, and adjusting investors’ information) must be
enclosed with sufficient papers. The papers must provide sufficient information
using the same ink color and handwriting. The confirmation of members on papers
must bear the seal, original signatures, and full names of members of the Board
of Directors in charged of depository or of authorized persons as prescribed in
the Regulations on Members of VSD. Where the investor is an organization, the
application must bear the signature of a competent person and the seal of that
organization (if it is a domestic organization).
When authorizing another person to deposit
securities, the investor shall make an authorization letter specifying the
authorized contents. Authorization letters in foreign languages must be
enclosed with notarized Vietnamese translations. Where the authorized person is
an organization, the papers relating to the securities deposit must bear the
signature of the competent person and seal of that organization (if it is a
domestic organization). Depository members shall examine the legitimacy of the
authorizations made by investors.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. For independent account holders, VSD shall
process the application after all valid papers are submitted by the member in
accordance with this the regulations on each transaction.
Chapter II
OPENING AND MANAGING
DEPOSITORY ACCOUNTS
Article 5. Opening
depository accounts of members
1. The organizations registering as members of
VSD shall open depository accounts at VSD after the procedure for member
registration is completed as prescribed in the Regulation on Members of VSD.
2. VSD shall issuer depository account numbers
to members in accordance with the Regulation on Members of VSD. Account numbers
Certificates of member registration shall be issued simultaneously.
3. Depository accounts of members shall be
opened by NSD in accordance with Article 23 of the Regulation on the
registration, depositary, clearing, and settlement of securities issued
together with the Decision No. 87/2007/QĐ-BTC dated October 22nd
2007 of the Minister of Finance (hereinafter referred to as the Decision No.
87/2007/QĐ-BTC)
4. Each member of VSD shall open one depository
account at VSD, and shall not open depository accounts at other members.
Members being subjects in Point b, c, and d Clause 1 Article 9 of the
Regulation on the registration, depositary, clearing, and settlement of
securities issued together with the Decision No. 87/2007/QĐ-BTC shall open
their own depository accounts at VSD.
Article 6. Opening
depository accounts of investors
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Investors being foreign organizations and
individuals shall open depository account at depository members after being
issued with securities transaction codes in accordance with the regulation on
registration of securities transaction code for foreign investors
3. Depository members shall open depository
accounts for investors in accordance with Article 23 of the Regulation on the
registration, depositary, clearing, and settlement of securities issued
together with the Decision No. 87/2007/QĐ-BTC.
Article 7. Opening
depository accounts of asset management companies
1. A asset management company shall open a
depository account for it and an independent depository account for each
securities investment fund under its management. Depository accounts of
securities investment funds shall be opened at depository members being
commercial banks. For investment portfolio management, a asset management
company shall open two depository accounts under its name, including one
account entrusted to a Vietnamese investor, and one account entrusted to a
foreign investor. A asset management company may open entrusted depository
accounts above at various commercial banks.
2. Where an asset management company is using 01
depository account at a depository member being a commercial bank for its
financial investments, for entrusted Vietnamese and foreign investors, it shall
make an asset declaration as basis for VSD and the commercial bank to make
transfers to separate accounts prescribed in Clause 1 of this Article.
3. For accounts entrusted to foreign investors,
asset management company shall apply for securities transaction codes before
initiating the procedure for opening depository accounts
Article 8. Opening
depository accounts of investors being foreign securities companies established
according to foreign law.
1. An investor being a foreign securities
company established according to foreign law may open two depository accounts at
a depository member to separately manage securities under their ownership and
their customers.
2. An investor being a foreign securities
company shall apply for two securities transaction codes at VSD, one for the
company itself and one for trading securities of its customers before
initiating the procedure for opening two depository accounts as stated above.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. An investor being an insurer totally funded
by foreign partners (hereinafter referred to as foreign insurer) may open two
depository accounts at a depository member to separately manage the investments
from the equity capital and from the insurance premiums before making
investments on securities market.
2. For investments from equity capital, the
foreign insurer shall apply for a securities transaction code before initiating
the procedure for opening a depository account.
Article 10. Managing
depository account of members at VSD
1. Members shall open depository account at VSD
to trade in securities deposited at VSD in accordance with Article 22 of the
Regulation on the registration, depositary, clearing, and settlement of
securities issued together with the Decision No. 87/2007/QĐ-BTC.
2. VSD shall manage depository accounts of
members at VSD in accordance with Article 24 of the Regulation on the
registration, depositary, clearing, and settlement of securities issued
together with the Decision No. 87/2007/QĐ-BTC and Article 6 of the Circular No.
43/2010/TT-BTC dated March 25th 2010 of the Ministry of Finance on
the amendments to the Regulation on the registration, depositary, clearing, and
settlement of securities issued together with the Decision No. 87/2007/QĐ-BTC
(hereinafter referred to as the Circular No. 43/2010/TT-BTC).
3. Every month, VSD shall send information about
the balance of depository accounts of (Form 01/LK of this Regulation) in the
form of electronic documents to depository members or via the emails registered
with VSD to independent account holders in the first working day of the next
month. Each member shall verify the information in accordance with the
reporting regime of members in the Regulation on Members of VSD.
4. Members may request the conversion electronic
documents to paper documents where necessary. Converted documents are legal
when the requirements for the consistency of information on the original
documents, identity symbols, and signatures of converters are satisfied, which
are prescribed in Part IV of the Circular No. 78/2008/TT-BTC dated September 15th
2008 of the Ministry of Finance providing guidance on the Government's Decree
No. 27/2007/NĐ-CP dated February 23rd on electronic financial
transaction.
The papers documents converted from electronic
documents of VSD shall bear the stamp below:
TRUNG TÂM
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
CHỨNG TỪ
CHUYỂN ĐỔI TỪ
CHỨNG TỪ ĐIỆN
TỬ
Họ và tên:
Chữ ký:
Thời gian thực hiện chuyển đổi:
Article 11. Managing
depository accounts at depository members
Depository members shall manage customers’
depository accounts in accordance with Article 26 of the Regulation on the
registration, depositary, clearing, and settlement of securities issued
together with the Decision No. 87/2007/QĐ-BTC and Article 7 of the Circular No.
43/2010/TT-BTC.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. VSD shall manage information about securities
ownership of investors based on:
a. Information about investors recorded on the
system of VSD according to the information provided by depository members when
opening accounts, adjustment of information about investors at the request of
members, and information about issuers in the application for securities
registration, including: full name, identity of securities holder, form of
investment, nationality, address, and account symbols.
b. Information about securities held by
investors shall be recorded on the system of VSD according to the securities
holder register of the issuer under the management of VSD, and information
updated according to the arising transactions such as payments for securities
transactions, depositing, transferring securities, and transferring securities
ownership when making non-trading transactions or transactions that cannot be
made via the transaction system of Stock Exchanges as prescribed by current
laws.
2. Identity of a securities holder prescribed in
Point a Clause 1 of this Article includes number and date of issue of unexpired
papers issued to the securities holder by Vietnamese or foreign competent
authorities that are recorded and monitored on the system of VSD.
- For Vietnamese individuals: ID numbers and
dates of issue;
- For Vietnamese organizations: Numbers of
Certificates of Business registration or Licenses for establishment and their
dates of issue;
- For organizations being members of VSD:
Numbers of Certificates of membership issued by VSD and their dates of issue;
- For foreign organizations and individuals:
securities transaction codes and their dates of issue.
3. VSD shall monitor information about investors
being Vietnamese individuals that hold multiple nationalities as follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- For investors that adopt foreign nationalities
instead of Vietnamese nationality, the securities transaction codes shall be
used as identity;
- where an investor that adopted a foreign
nationality and wishes to adopt the Vietnamese nationality when opening an
account at a depository member, he or she shall be registered as a Vietnamese
investor, and shall not use the securities transaction code and the depository
account issued previously (if any).
4. Every month, VSD shall send depository
members information about the securities ownership of each customer (Form 02/LK
of this Regulation) in the form of electronic documents in the first working
day of the next month. Members may request VSD to convert from electronic
documents into paper documents where necessary. The conversion shall comply
with Clause 4 Article 10 of this Regulation.
5. Every depository member shall compare
information about the securities ownership of each customer at the depository
member with that at VSD to ensure that the balance of each customer’s
depository account at the depository member matches the information about
securities ownership of that customer at VSD as prescribed in Article 6 of the
Circular No. 43/2010/TT-BTC, and verify the accuracy of information in
accordance with the regulation on reporting regime of members in the Regulation
of Members of VSD.
Article 13. Updating
information about the opening and closing securities trading accounts of investors
1. Depository members shall update information
about opening and closing securities trading accounts of investors every day at
depository members online (Form 03A/LK and 03B/LK of this Regulation).
2. The update of information about investors
prescribed in Clause 1 of this Article must be done before investors make
transactions such as depositing, withdrawing, transferring, buying, selling
securities, etc. Where information about an investor is not available on the
system of VSD, VSD shall notify the depository member, and the depository
member shall finish updating the information about such investor within the day
when the notification is received from VSD (at 4 P.M at the latest).
3. VSD shall verify information about investors
updated on the VSD’s system by depository members at 8.30 A.M, 11.30 A.M, and
4.30 P.M on working days. VSD shall send certifications to depository members
in the form of electronic documents online.
4. When closing a securities trading account of
an investor to transfer securities to another depository member, VSD shall
verify information about the close of such account on the system after
finishing the transfer of securities, including securities arising when
exercising rights before settling the account.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. While updating information about opening and
closing accounts and activities on VSD’s system, if identity of investors are
the same, but other information such as full name, nationality, and form of
ownership is different:
a. VSD shall send a Request for the verification
of investor’s information (Form 04/LK) to relevant depository member;
b. Depository members shall send VSD the
certification of the information about investors, enclosed supporting documents
being valid copies of ID papers of investors as prescribed in Clause 2 and
Clause 3 Article 12 of this Regulation, and other supporting documents (if any)
within 01 working day after the day on which the Request sent by VSD is
received.
2. Where a depository member finds a difference
between information about an investor under the member’s management and that on
VSD’s system, the depository member shall send a request for the adjustment of
investor’s information to VSD. The request is composed of:
- The written request for the adjustment of
investor’s information bearing the seal of the member (Form 05/LK);
- The Dispatch requesting the adjustment of
investor’s information made by the depository member (Form 06/LK - 02 sheets);
- Valid copies or copies bearing the seal of the
depository member of ID papers of the investor as prescribed in Clause 2 and
Clause 3 Article 12 of this Regulation;
- Other relevant documents (if any).
3. Where a depository member requests the
adjustment of both name and identity of an investor, which may lead to the
transfer of securities ownership outside the transaction system, apart from the
papers in Clause 2 of this Article, the depository member shall send the
supporting documents for the investor’s account information at the request of VSD.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- The written request for the adjustment of
investor’s information bearing the seal of the member (Form 05/LK);
- The Dispatch requesting the adjustment of
information about investor’s transaction account number made by the depository
member, specifying the reasons for adjustment;
- The request for securities transfer (Form
24/LK – 2 sheets);
- Copies bearing the seal of the depository
member of the papers proving the open of investor’s account;
- Other supporting documents (if any).
5. Within 01 working day from the day on which
sufficient and valid papers are received, VSD shall adjust investor’s
information (if errors are found) and send a notice of adjustments to the
depository member.
Chapter III
DEPOSITING AND WITHDRAWING
SECURITIES
Article 15. Securities
deposited at VSD
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Securities deposited at VSD shall be
classified as transferable securities and securities restricted from transfer.
The management of securities:
2.1. For the securities issued with Certificates
of Securities Registration by VSD and allowed to be traded at Stock Exchanges:
a. Transferable securities shall be recorded in
active securities accounts and customers may trade in these securities in
accordance with law.
b. Securities restricted from transfer shall be
recorded in suspended securities accounts and customers shall only trade in
these securities when VSD adjust the conditions for transferring securities at the
written request of the issuer enclosed with proving documents.
2.2. For the securities issued with Certificates
of Securities Registration by VSD but the procedure for trading securities at
Stock Exchanges is not completed:
a. Transferable securities shall be recorded in
securities accounts awaiting trading and customers shall only trade in these
securities from the day on which the procedure for trading securities on at
Stock Exchanges are completed.
b. Securities restricted from transfer shall be
recorded in suspended securities accounts awaiting trading. Customers shall
trade in these securities when VSD adjust the conditions for transferring
securities at the request of the issuer and the procedure for trading
securities at Stock Exchanges is completed.
2.3. Members shall manage securities restricted
from transfer in suspended accounts/suspended accounts awaiting trading of
customers at members according to the Confirmation of deposited securities of
VSD and the list of securities holders enclosed therewith until VSD notifies
the adjustment of the conditions for transferring securities.
2.4. On the first securities trading date
according to the notice of Stock Exchanges and VSD, members shall transfer
securities from suspended accounts to active accounts according to the
confirmation of deposited securities awaiting trading and the list of
securities holders or the list of securities distribution to members when
distributing additionally registered securities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. VSD shall deposit securities according to the
issuers authorizing VSD to verify information about investors’ securities
ownership.
2. Investors shall follow the procedure for
depositing securities at depository members where their depository accounts are
open as prescribed by depository members. Depository members shall redeposit
securities at VSD.
3. The procedure for depositing securities at
VSD:
3.1. Securities depositing certified by
Certificates of securities ownership:
a. The application for depositing securities at
VSD is composed of:
i. A note of securities transfer of the customer
and member (02 sheets – Form 08A/LK and 08B/LK); written authorization to
deposit securities (if any)
Where the securities holder is an overseas
organization deposits securities via a global depository bank, the note of
securities transfer shall be replaced with the following papers:
- The SWIFT message from the global depository
bank to VSD’s member about the securities depository of the holder. The SWIFT
message must contain sufficient information about the securities ownership.
- Confirmation about the accuracy of the SWIFT
message;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
ii. Certificate of securities ownership.
iii. List of securities holders that applies for
securities depository (02 sheets – Form 09/LK) made by the depository member
(if the depository member redeposits securities of investors that open accounts
at the depository member).
b. When a difference in the date of issuer
between the identity of the investor or member registered at VSD by the issuer
and the identity of the investor updated on VSD’s system by the depository
member, or identity of the member updated on VSD’s system by VSD, the member
shall enclose with the application a commitment made by the securities holder
(Form 10LK) on the adjustment of the date of issue and a copies bearing the
seal of the member of identity papers mentioned in Clause 2 and Clause 3
Article 12 of this Regulation.
3.2. Where securities are deposited and
registered simultaneously:
a. VSD shall deposit securities and register
securities simultaneously if the issuer makes a request for the depository, on
behalf of shareholders, during the first securities registration or additional
registration at VSD;
b. The issuer shall notify investors of the
securities depository and securities registration within 15 working days before
the day on which the application for securities registration is submitted to
VSD. The notification shall be broadcasted on the mass media, posted at the
head office of the issuer, and sent to investors by post.
c. The investor wishing to deposit securities
shall send the issuer a written request for the certification of depository
account, and follow the procedure for depositing securities (Form 11/LK)
enclosed with the Certificate of share ownership;
d. The issuer shall withdraw Certificates of
share ownership from investors and make a list of depository accounts of
investors and send them to each depository member involved in order to confirm
the accuracy of the depository accounts opened by investors at the depository
member, and promise not to issue Certificates of share ownership to securities
holders that apply for securities depository.
e. The application for depositing securities
enclosed with the application for lawsuit petition submitted to VSD by the
issuer is composed of:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
ii. The list of securities holders that apply
for securities depository (02 sheets – Form 13LK) enclosed with a file in a
format decided by VSD;
iii. A list of depository accounts of investors
certified by depository members where investors open their accounts (Form
14/LK).
3.3. Depositing Government bonds:
a. Investors engaged in bidding or guaranteeing
Government bonds shall open a depository accounts to deposit bonds with the
bidding holder or the bond issuer. The Government bond issuer shall record the
depository accounts of investors in the application submitted to VSD. Investors
being foreign insurers shall show the bidding organizer or the Government bond
issuer that the source of investment is equity capital or insurance premium;
b. After the registration of Government bonds at
VSD is approved, based on the information about the depository account in the
application for the registration of Government bonds and written certification of
the full payment for bonds made by the investor, VSD shall record Government
bonds in accounts of relevant members.
4. VSD shall process an application for
securities depository prescribed in Clause 3.1 of this Article within 01
working day from they day on which all valid papers of the member are received.
For the cases of securities depository prescribed in Clause 3.2 and 3.3 of this
Article, VSD shall record deposited securities in accounts of relevant members
on the effective date of securities depository according to the notification of
the approval for securities depository sent to members by VSD.
5. The effective date of depository is the date
on the Certification of securities depository (Form 15/LK) sent to members by
VSD. Certificates of securities ownership of investors shall expire from the
effective date of securities depository.
6. Within 01 working day from the effective date
of securities depository certified by VSD, depository members shall notify the
rejection of securities depository to their customers. When receiving the
notification of rejection, customers should know that the securities depository
has taken effect and depository members are accountable to their customers for
this.
Article 17. Depositing
additionally registered securities
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. For additionally registered securities
derived from securities deposited at VSD:
a. When applying for the additional registration
due to the issuance of bonus shares, VSD shall send the member the
Certification of transfer of additionally registered securities (Form 16/LK) on
the day when VSD approves the depository of additionally registered securities.
b. When applying for the additional registration
due to purchase order or conversion from bonds into shares, VSD shall enclose
the List of distribution of securities to members with the Certificate of
transfer of additionally registered securities (Form 16/LK).
c. The effective date of securities depository
is the date written on the Certificate of transfer of additionally registered
securities. Members shall distribute securities to accounts of securities
holder according to the Certificate of transfer of additionally registered
securities and the List of distribution of securities to members with (Form
16/LK).
Article 18. Withdrawing
securities at the request of securities holders
1. Securities holders shall request the
withdrawal of within the amount of securities remaining in depository accounts
after deducting the amount of securities being impounded or mortgaged.
2. The application for the withdrawal of
securities sent to VSD is composed of:
a. The request for the withdrawal made by a
customer/member (02 sheets – Form 17A/LK, 17B/LK);
b. The request for transferring securities to
the account awaiting withdrawal (02 sheets – Form 19/LK);
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. According to the request for securities
withdrawal made by the securities holder, VSD shall request the issuer to issue
a new Certificate of share ownership to its customer. Within 15 working days
from the day on which the VSD’ request for the issuance of the Certificate of
share ownership is received (Form 20/LK), the issuer shall send VSD the
Certificate of share ownership, VSD shall send it to the member, and the member
shall deliver it to the securities holder.
4. The effective date of withdrawal of deposited
securities is the date on the Certificate of withdrawal of deposited securities
(Form 21/LK) sent to the member by VSD. The depository member shall process and
issue the Certificate of share ownership to the customer within 01 working day
from the effective date on the Certificate of withdrawal of deposited
securities made by VSD.
Article 19. Cancellation of
securities withdrawal at the request of securities holders
1. While awaiting the withdrawal, if the securities
holder wishes to cancel the securities withdrawal, the member shall send VSD
the application for the cancellation of securities withdrawal, including:
a. The request for the cancellation of
securities withdrawal made by the customer/member (02 sheets – Form 22A/LK,
22B/LK);
b. The request for transferring securities from
the account awaiting withdrawal to a relevant account (02 sheets – Form 18/LK);
c. The list of securities holders that request
the cancellation of securities withdrawal made by the depository member (02
sheets – Form 19/LK) when the depository member redeposits securities of
investors that open their accounts at the depository member)
2. According to the application for the
cancellation of securities withdrawal made by the member, VSD shall send a
written notice of the cancellation of securities withdrawal to the issuer.
3. VSD shall process an application for the
cancellation of securities withdrawal and notify the member within 02 working
days from the day on which the complete and valid application is received. If
the securities withdrawal is cancelled when the issuer has reissued the
Certificate of share ownership, VSD shall send a notification enclosed with the
Certificate of share ownership to the member in order to request the securities
holder to reapply for securities depository.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Expired securities shall be withdrawn after
the issuer completes the deregistration of expired securities with VSD as
prescribed in the Regulation on securities registration issued by VSD.
2. According to the application for the
deregistration of expired securities made by the issuer, VSD shall record the
decrease in amount of deposited securities that are expired in the accounts of
relevant members. The effective date of withdrawal of expired securities is the
date on the Certificate of withdrawal of deposited securities (Form 21/LK) sent
to the member by VSD.
Article 21. Securities
withdrawal due to voluntary deregistration
1. The securities withdrawal due to voluntary
deregistration shall be done after the issuer completes the securities
deregistration at VSD according to the Regulation on securities registration
issued by VSD.
2. On the day when the decision on securities
deregistration takes effect, VSD shall stop the transactions relating to the
deregistered securities and record the decrease in the amount of deposited
securities being deregistered in the accounts of members. The effective date of
securities withdrawal due to voluntary deregistration is the date on the Certificate of withdrawal of deposited
securities (Form 21/LK) sent to the member by NVSD.
Chapter IV
TRANSFERING SECURITIES
WITHOUT TRANSACTION
Article 22. Cases in which
securities are transferred
VSD shall transfer deposited securities without
using the concentrated transaction system of Stock Exchanges in the cases in
Clause 2 Article 30 of Regulation on the registration, depositary, clearing,
and settlement of securities issued together with the Decision No.
87/2007/QĐ-BTC and Article 10 of the Circular No. 43/2010/TT-BTC.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. VSD shall transfer odd-lot securities when a
securities company repurchases odd-lot shares of securities holder without the
transaction system as prescribed by law.
2. The securities company of the transferor
shall submit an application for the transfer of odd-lot securities to VSD,
including:
a. The request for securities transfer (Form
07/LK – 2 sheets when transferring to another securities company, 02 sheets
when transferring within the same securities company);
b. The contract/order to sell odd-lot securities
between the securities company and its customer;
c. The statement of odd-lot securities
transaction (if the securities company buys odd-lot securities from multiple
customers) (Form 23/LK).
3. When a securities company buys odd-lot
securities online, the application shall include:
a. The papers prescribed in Point a and Point c
Clause 2 of this Article;
b. The copy of the contract with the customer to
open an account which allows online odd-lot securities transaction.
4. VSD shall process the application for the
transfer of odd-lot securities within 01 working day from the day on which the
valid and complete application is received.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. VSD shall transfer securities (including
securities under its ownership and arising rights that have been identified)
from the account of a customer of a depository member to the an account of a
customer of another depository member at the customer’s request in the
following cases:
a. Transferring securities when finalizing a
depository account: the investor wishes to close the depository account at a
member to and make transaction at another depository member..
a. Transferring securities: the investor wishes
to transfer all securities in an account at a depository member to another
account at another depository member.
2. VSD shall transfer securities when finalizing
depository accounts and transfer securities when the investors request the
transfer of the whole securities in the account and arising rights (if any)
under his ownership.
3. Depository members shall control and take
responsibility for the information about quantity and type of securities
(transferable securities and securities restricted from transfer) and arising
rights under the ownership of the investors that request the transfer to
finalize depository accounts or the transfer of securities.
4. The application for securities transfer:
a. The request for securities transfer made by
the depository member of the transferor (Form 24/LK – 3 sheets);
b. The written request for finalizing the
customer’s account certified by the depository member that closes the account
(Form 25/LK) when the transfer is made to finalize an account, or the written
request for securities transfer made by the customer which is certified by the
depository member of the transferor (Form 26/LK) when transferring securities.
c. Copies of papers proving the investor’s
account opening, which bear the seal of the depository member of the
transferee;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e. A letter of authorization made by the
depository member to authorize VSD to transfer securities to the account at the
transferee depository member (when securities are distributed from the right to
receive dividends in the form of shares, the right to bonus shares, the right
to buy additionally issued securities).
5. Where an investor’s right arises while the
application is being processed by VSD, VSD shall request the depository member
to supplement the application for securities transfer. The application shall include
the papers prescribed in Point a and Point b Clause 4 of this Article.
6. VSD shall process the application for
securities transfer prescribed in Clause 4 and Clause 5 of this Article within
01 working day from they day on which the valid application is received.
Article 25. Transferring
securities being valuable papers
1. VSD shall transfer securities from the
customer’s account of a depository member and the account of the depository
member itself to the account opened by the State bank at VSD and vice versa to
serve the transaction of valuable papers on the monetary market.
2. When transferring securities from a
depository account of the member to the account of the State bank, the
transferor member shall submit an application for the transfer to VSD,
including:
a. The request for securities transfer (Form
27/LK – 2 sheets);
b. Other documents (if any).
3. When transferring securities from the
depository account of the State bank to the depository account of the member,
the State bank shall send VSD the application for transfer, including:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b. Other documents (if any).
4. VSD shall process the application for the
transfer of securities being valuable papers within 01 working day from the day
on which the valid and complete application is received.
Article 26. Transferring
when supporting, lending, and returning
1. At the request of a depository member, VSD
shall transfer securities among relevant accounts of the depository member to
support, lend, and return securities when the depository member is short of
securities to make relevant transactions.
2. The transferor member shall submit an
application for the transfer to give support and loans, including:
a. The request for securities transfer (Form
07/LK – 03 sheets when transferring to another member, 02 sheets when
transferring within the same member);
b. The contract to support or lend securities
between the depository member that is short of securities and relevant parties;
b. Other documents (if any).
VSD shall process the application immediately
when the request for securities transfer is received to ensure the operation of
the payment system. If necessary, VSD may receive a faxed application, then the
member shall send the original application by express mail in the same day to
VSD.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a. The request for securities transfer (Form
07/LK – 03 sheets when transferring to another member, 02 sheets when
transferring within the same member);
b. Other documents (if any).
Article 27. Transferring to
settle mortgaged securities according to mortgage contracts.
1. VSD shall transfer securities from the
account of the mortgagor’s account to the mortgagee’s account if the mortgage
contract allows the mortgagor to transfer securities to the mortgagee via VSD.
2. The contract to transfer securities according
to the mortgage contract includes:
a. The request for securities transfer made by
the member of the mortgagor (Form 07/LK – 03 sheets when transferring to
another member, 02 sheets when transferring within the same member);
b. A valid copy of the mortgage contract;
c. The papers proving that the mortgagor has not
cleared the debt according to the mortgage contract;
d. The written request made by the mortgagee for
the redemption and transfer of securities to its account;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. When transferring securities according to the
mortgage contract in which the mortgagee is a foreign credit institution,
foreign bank, or a branch of foreign bank in Vietnam, VSD shall only transfer
securities from related accounts of the mortgagor to the account of the
mortgagee if the amount of securities being transferred does not exceed the
permissible amount of securities held by foreign investors as prescribed by law
when the transfer is made.
4. VSD shall process the application for the
transfer of odd-lot securities within 02 working days from the day on which the
valid and complete application is received.
Article 28. Appointed
transfer of securities when revoking the Certificate of depository
member/Certificate of independent account holder
1. When a depository member has its Certificate
of depository member revoked, VSD shall transfer securities and finalize its
account as appointed in accordance with the Regulation on Members of VSD. The
application includes:
a. The request for securities transfer made by
the member of whom the Certificate of depository member is revoked (Form 28/LK
– 03 sheets);
b. A copy of the agreement on the transfer
between the organization that has its Certificate of depository member and the
appointed depository member, or the written approval for the appointed
depository member made by the State Securities Commission;
c. The papers proving the provision of
information for customers about the appointed transfer to another depository
member.
2. When an independent account holder has its
Certificate of independent account holder revoked, the application for
securities transfer sent to VSD shall includes:
a. The written request for the finalization of
the depository account;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. VSD shall process the application for
securities transfer prescribed in Clause 1 and Clause 2 of this Article within
02 working days from they day on which the valid application is received.
Article 29. Other transfers
1. The procedure and documentation for
transferring securities due to the adjustment of information about the type of
securities, correction of errors in quantity of securities under ownership,
adjustment of information about ownership due to the transfer of representation
of capital state shall comply with Article 20, Article 21 and Article 22 of the
Regulation on securities registration issued by VSD.
2. The procedure and documentation for
transferring securities due to the transfer of ownership in the cases in
Article 4 of the Circular No. 43/2010/TT-BTC shall comply with Articles 27,
Article 28, Clause 2 Article 29, Articles from 30 to 42 of the Regulation on
securities registration issued by VSD.
3. The procedure and documentation for
transferring securities that have been registered and deposited at VSD but have
not been listed/registered at Stock Exchanges shall instructed by BSD after the
State Securities Commission grants an approval.
4. The effective date of securities transfer is
the date on the notifications sent to members by VSD.
Article 30. Processing
applications for securities transfer
1. If necessary, VSD is entitled to request
members and relevant organizations and individuals to provide supporting
documents to clarify the issues relating to the applications for securities
transfer, or to reject requests for securities transfer is such requests are
not conformable with law. Where securities transfer is rejected, VSD shall
notify members in writing and provide explanation.
2. The effective date of securities transfer is
the date certified by VSD on the Request for securities transfer made by the
member or on the notification sent by VSD.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter V
MORTGAGE AND MORTGAGE
REDEMPTION
Article 31. Mortgaging and
redeeming mortgaged securities.
1. VSD shall mortgage and redeem mortgaged securities
in accordance with Article 31 of the Regulation on the registration,
depositary, clearing, and settlement of securities issued together with the
Decision No. 87/2007/QĐ-BTC.
2. Mortgaged securities are transferable
securities that have been redeposited at VSD. Depository members shall check
the accuracy of the transferable securities mortgaged by investors.
3. Mortgaged securities shall be certified at
VSD when mortgagees are recognized credit institutions as prescribed by current
regulations.
Article 32. Application for
securities mortgage
The member of the mortgagor shall send VSD an
application for securities mortgage, including:
a. A request for the transfer of mortgaged
securities made by the member of the mortgagor (Form 29/LK – 02 sheets);
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c. The list of mortgaged securities certified by
the mortgagee (Form 31/LK – 02 sheets);
Article 33. Application for
redemption of mortgaged securities
The member of the mortgagor shall send VSD an
application for the redemption of securities mortgage to, including:
a. A request for the transfer of mortgaged
securities (Form 32/LK – 2 sheets);
b. A list of mortgaged securities being redeemed
certified by the mortgagee (Form 33/LK – 02 sheets).
Article 34. Processing
applications for securities mortgage and redemption of securities mortgage
1. VSD shall process the application for
securities mortgage or redemption of mortgaged securities within 01 working
days from the day on which the valid and complete application is received. If
necessary, VSD is entitled to request the member or relevant parties to provide
supporting documents to clarify the issues relating to the applications for
mortgage or redemption. Where mortgage or redemption is rejected, VSD shall
notify members in writing and provide explanation.
2. The effective date of mortgage and redemption
is the date certified by VSD on the Request for securities transfer to mortgage
securities or to redeem mortgaged securities made by relevant members.
3. Within 01 working day from the effective date
of mortgage or redemption certified by VSD, depository members shall notify
their customers of the cases in which mortgage and redemption is rejected by
VSD. If no notification of rejection is received, customers should know that
the mortgage or redemption has taken effect, and depository members are
accountable to their customers for this.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
BLOCKING, UNBLOCKING
SECURITIES AND DEPOSITORY ACCOUNTS
Article 35. Blocking,
unblocking securities and depository accounts
1. VSD shall block/unblock securities and
depository accounts of investors at the request of competent authorities as
prescribed by law.
2. Within 01 working day from the day on which
the request from competent authorities for blocking/unblocking securities or
depository accounts of investors are received, the member shall send VSD a
written request for blocking/unblocking securities or depository accounts of
investors, specifying their full names, identity, depository account numbers,
and quantity of securities under their ownership.
3. Processing requests for blocking, unblocking
securities and depository accounts of securities holders:
a. VSD shall process the application for
blocking/unblocking securities and depository accounts of securities holders
within 01 working day from the day on which the application made by the member
is received.. If necessary, VSD is entitled to request the member or relevant
parties to provide supporting documents to clarify the issues relating to the
requests for blocking/unblocking securities and depository accounts of
investors.
The effective date of blocking/unblocking
securities or depository account is the date certified by VSD on the
notification of blocking/unblocking securities or depository accounts sent to
the member.
Chapter VII
IMPLEMENTATION
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Relevant parties shall contact VSD for
guidance and settlement of difficulties during the implementation.
2. The amendments to this Regulation shall be
decided by the Director of VSD after obtaining the approval from the State
Securities Commission.